principles of natural justice in administrative law in india | principles of natural justice | audi alteram partem in administrative law | rule against bias in administrative law | audi alteram partem | nemo judex in causa sua
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🔴 Principle of Natural Justice is derived from the word ‘Jus Natural’ of the Roman law and it is closely related to Common law and moral principles but is not codified. It is a law of nature which is not derived from any statute or constitution. The principle of natural justice is adhered to by all the citizens of civilised State with Supreme importance. In the ancient days of fair practice, at the time when industrial areas ruled with a harsh and rigid law to hire and fire, the Supreme court gave its command with the passage of duration and establishment of social, justice and economy statutory protection for the workmen.
🔴 Natural justice simply means to make a sensible and reasonable decision making procedure on a particular issue. Sometimes, it doesn’t matter what is the reasonable decision but in the end, what matters is the procedure and who all are engaged in taking the reasonable decision. It is not restricted within the concept of ‘fairness’ it has different colours and shades which vary from the context.
🫵🏻 Nemo Judex In Causa Sua
“No one should be a judge in his own case” because it leads to rule of biases. Bias means an act which leads to unfair activity whether in a conscious or unconscious stage in relation to the party or a particular case. Therefore, the necessity of this rule is to make the judge impartial and given judgement on the basis of evidence recorded as per the case.
🫵🏻 Audi Alteram Partem
It simply includes 3 Latin word which basically means that no person can be condemned or punished by the court without having a fair opportunity of being heard.
In many jurisdictions, a bulk of cases are left undecided without giving a fair opportunity of being heard.
The literal meaning of this rule is that both parties should be given a fair chance to present themselves with their relevant points and a fair trial should be conducted.
This is an important rule of natural justice and its pure form is not to penalize anyone without any valid and reasonable ground. Prior notice should be given to a person so he can prepare to know what all charges are framed against him. It is also known as a rule of fair hearing. The components of fair hearing are not fixed or rigid in nature. It varies from case to case and authority to authority.
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🔴 In this video-
Teacher's Name - CS Payal Popli
Topic - Principles of Natural Justice
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29 авг 2024
